959.131
Prohibitions concerning companion animals.

(1) "Companion
animal" means any animal that is kept inside a residential dwelling and any dog
or cat regardless of where it is kept, including a pet
store as defined in section
956.01 of the Revised
Code. "Companion animal" does not include livestock or any wild
animal.

(2) "Cruelty,"
"torment," and "torture" have the same meanings as in section
1717.01 of the Revised
Code.

(3) "Residential
dwelling" means a structure or shelter or the portion of a structure or shelter
that is used by one or more humans for the purpose of a habitation.

(4)
"Practice of veterinary medicine" has the same meaning as in section
4741.01 of the Revised
Code.

(5) "Wild animal"
has the same meaning as in section
1531.01 of the Revised
Code.

(7) "Dog
kennel" means an animal rescue for dogs that is registered under section
956.06 of the Revised Code, a
boarding kennel, or a training kennel.

(8)
"Boarding kennel" has the same meaning as in section
956.01 of the Revised
Code.

(9) "Training
kennel" means an establishment operating for profit that keeps, houses, and
maintains dogs for the purpose of training the dogs in return for a fee or
other consideration.

(10) "Livestock"
means horses, mules, and other equidae; cattle, sheep, goats, and other
bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed
deer; and any other animal that is raised or maintained domestically for food
or fiber.

(11) "Captive
white-tailed deer" has the same meaning as in section
1531.01 of the Revised
Code.

(a) Physical harm that carries an unnecessary or
unjustifiable substantial risk of death;

(b) Physical harm that involves either partial or total
permanent incapacity;

(c) Physical harm that involves acute pain of a duration
that results in substantial suffering or that involves any degree of prolonged
or intractable pain;

(d) Physical harm that results from a person who confines
or who is the custodian or caretaker of a companion animal depriving the
companion animal of good, wholesome food and water that proximately causes the
death of the companion animal.

Torture, torment, or commit an act of
cruelty against the companion animal;

(2) Deprive the
companion animal of necessary sustenanceor confine the companion animal without supplying
it during the confinement with sufficient quantities of good, wholesome food
and water if it can reasonably be expected that the companion animal
would become sick or suffer in any other way as a result of or due to the
deprivationor confinement;

(3) Impound or confine the companion animal without
affording it. during the impoundment or confinement, with access to shelter
from heat, cold, wind, rain, snow, or excessive direct sunlight if it can
reasonably be expected that the companion animal would become sick or suffer in
any other way as a result of or due to the lack of adequate
shelter.

(E) No owner,
manager, or employee of a dog kennel who confines or is the custodian or
caretaker of a companion animal shall knowingly do any of the following:

(2)
Deprive the companion animal of necessary sustenanceor confine the
companion animal without supplying it during the confinement with sufficient
quantities of good, wholesome food and
water if it is reasonably expected that the companion animal would die
or experience unnecessary or unjustifiable pain or suffering as a result of the
deprivation or confinement;

(3) Impound or confine the companion animal without
affording it. during the impoundment or confinement, with access to shelter
from heat, cold, wind, rain, snow, or excessive direct sunlight if it is
reasonably expected that the companion animal would die or experience
unnecessary or unjustifiable pain or suffering as a result of or due to the
lack of adequate shelter.

(F) No owner,
manager, or employee of a dog kennel who confines or is the custodian or
caretaker of a companion animal shall negligently do any of the following:

Torture, torment, or commit an act of
cruelty against the companion animal;

(2) Deprive the
companion animal of necessary sustenanceor confine the companion animal without supplying
it during the confinement with sufficient quantities of good, wholesome food
and water if it can reasonably be expected that the companion animal
would become sick or suffer in any other way as a result of or due to the
deprivationor confinement;

(3) Impound or confine the companion animal without
affording it. during the impoundment or confinement, with access to shelter
from heat, cold, wind, rain, snow, or excessive direct sunlight if it can
reasonably be expected that the companion animal would become sick or suffer in
any other way as a result of or due to the lack of adequate
shelter.

(G) Divisions (B),
(C), (D), (E), and (F) of this section do not apply to any of the
following:

(1) A companion
animal used in scientific research conducted by an institution in accordance
with the federal animal welfare act and related regulations;

(2) The
lawful practice of veterinary medicine by a person who has been issued a
license, temporary permit, or registration certificate to do so under Chapter
4741. of the Revised Code;

(3) Dogs
being used or intended for use for hunting or field trial purposes, provided
that the dogs are being treated in accordance with usual and commonly accepted
practices for the care of hunting dogs;

(4) The
use of common training devices, if the companion animal is being treated in
accordance with usual and commonly accepted practices for the training of
animals;

(5) The
administering of medicine to a companion animal that was properly prescribed by
a person who has been issued a license, temporary permit, or registration
certificate under Chapter 4741. of the Revised Code.

(H) Notwithstanding
any section of the Revised Code that otherwise provides for the distribution of
fine moneys, the clerk of court shall forward all fines the clerk collects that
are so imposed for any violation of this section to the treasurer of the
political subdivision or the state, whose county humane society or law
enforcement agency is to be paid the fine money as determined under this
division. The treasurer to whom the fines are forwarded shall pay the fine
moneys to the county humane society or the county, township, municipal
corporation, or state law enforcement agency in this state that primarily was
responsible for or involved in the investigation and prosecution of the
violation. If a county humane society receives any fine moneys under this
division, the county humane society shall use the fine moneys
either to provide the training that is required
for humane agents under section
1717.06 of the Revised Code
or to provide additional training for humane
agents.